Steward v Stewart [1996] UKEAT 1120_94_0902 (9 February 1996)

Steward v Stewart [1996] UKEAT 1120_94_0902 (9 February 1996)

The tribunal was entitled to find the complaint was in time and the dismissal unfair, but erred in precluding the employer from arguing contribution at the remedies hearing; the remedies issue must be remitted for reconsideration.

Citation
[1996] UKEAT 1120_94_0902
Parties
Appellant/employer: Mr Melvyn Steward; Respondent/employee: Mr Ian Stewart
Jurisdiction
United Kingdom
Judgment Date
09 February 1996
Procedural Posture
Employment Appeal Tribunal (eat) Appeal From Industrial Tribunal / Appeal Against Findings on Unfair Dismissal, Review Refusal, and Remedies
Outcome
First appeal dismissed; second appeal allowed in part; remedies remitted for reconsideration.
Legal Topics
Unfair Dismissal, Redundancy, Limitation Periods, Remedies, Contribution to Dismissal, Industrial Tribunal Procedure
Employment Law Unfair Dismissal Redundancy Limitation Periods Remedies Contribution to Dismissal Industrial Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Melvyn Steward

Appellant/employer

Mr Ian Stewart

Respondent/employee

Procedural Posture

Employment Appeal Tribunal (eat) Appeal From Industrial Tribunal / Appeal Against Findings on Unfair Dismissal, Review Refusal, and Remedies

Legal Issues

  1. 1 Whether the complaint of unfair dismissal was presented in time
  2. 2 Whether the dismissal was by reason of redundancy or otherwise unfair
  3. 3 Whether the tribunal erred in refusing a review under Rule 11(5)

Ratio Decidendi

The tribunal was entitled to find the complaint was in time and the dismissal unfair, but erred in precluding the employer from arguing contribution at the remedies hearing; the remedies issue must be remitted for reconsideration.

Court Disposition

First appeal dismissed; second appeal allowed in part; remedies remitted for reconsideration.

Orders

  • Tribunal's findings on time and unfair dismissal stand.
  • Remedies issue remitted to a fresh, full Industrial Tribunal.